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SOUTHERN ARIZONA HOME v. TOWN OF MARANA

No. CV-21-0211-PR.

522 P.3d 671 (2023)

SOUTHERN ARIZONA HOME BUILDERS ASSOCIATION, Plaintiff/Appellant, v. TOWN OF MARANA, Defendant/Appellee.

Supreme Court of Arizona.

Filed January 17, 2023.

Attorney(s) appearing for the Case

Kevin E. O'Malley , Mark A. Fuller (argued), Gallagher & Kennedy, P.A., Phoenix, Attorneys for Southern Arizona Home Builders Association.

Andrew J. Petersen (argued), Humphrey & Petersen, P.C., Tucson, and Frank Cassidy , Frank Cassidy, P.C., Tucson, Attorneys for Town of Marana.

Eileen Dennis GilBride , Jones, Skelton & Hochuli, P.L.C., Phoenix, Attorneys for Amicus Curiae Home Builders Association of Central Arizona.

Nancy L. Davidson , General Counsel, League of Arizona Cities and Towns, Phoenix, Attorney for Amicus Curiae League of Arizona Cities and Towns.

JUSTICE BOLICK authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER and JUSTICES LOPEZ, BEENE, MONTGOMERY, and PELANDER (RETIRED) joined.

¶1 We hold in this case that the Town of Marana violated A.R.S. § 9-463.05 by assigning the entire cost of upgraded and expanded wastewater treatment facilities to future homeowners through development impact fees. Because the statute governing development fees was substantially changed following our...

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